Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/23/2015 5:16:25 PM JEFFREY D. KYLE Clerk No. 03-15-00516-CV THIRD COURT OF APPEALS 10/23/2015 5:16:25 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00516-CV *1 ACCEPTED [7525114] CLERK __________________________________________________________________
In the Court of Appeals
For the Third Judicial District
Austin, Texas
__________________________________________________________________
CANTU ENTERPRISES, LLC Appellant,
v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS Appellees.
__________________________________________________________________
O N PPEAL FROM THE RD D ISTRICT C OURT , T RAVIS C OUNTY , T EXAS RIAL C OURT C AUSE N O . D-1-GN-13-004369 __________________________________________________________________
APPELLANT’S SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF __________________________________________________________________
R YAN L AW IRM , LLP Texas Bar No. 18347650 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Counsel for Cantu Enterprises, LLC *2 TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellant, Cantu Enterprises, LLC (“Cantu”) files this Second Unopposed Motion for Extension of
Time to File Appellant’s Brief.
The Appellant’s Brief is currently due on November 12, 2015 .
Counsel for Cantu requests a 30-day extension of time to file the Appellant’s Brief, making the brief due on December 14, 2015 . This is the second request for
extension of time to file the Appellant’s Brief.
Counsel for Appellant relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for
the requested extension:
• The undersigned counsel will be traveling out-of-state to attend and speak at a conference for the National Association of State Bar Tax Sections from October
29, 2015 through October 31, 2015.
• The undersigned counsel is preparing a post-hearing brief for the case styled J. Edwards Jewelry Distributing, L.L.C. v. Texas Comptroller of Public Accounts ;
SOAH Docket No. 111,708; before the State Office of Administrative Hearings,
which is due to be filed on November 2, 2015. A post-hearing reply brief is also due
to be filed on November 10, 2015.
• The undersigned counsel is preparing for a hearing on multiple motions in the case styled Alamo National Building Management, LP v. Glenn Hegar,
Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney
General of The State of Texas ; Cause No. D-1-GN-15-000802; in the 126 th Judicial
District Court of Travis County, Texas, scheduled for November 10, 2015.
• The undersigned counsel is preparing for oral argument in Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney
General of the State of Texas v. CheckFree Services Corporation , Case No. 14-15-
00027-CV, in the Fourteenth Court of Appeals, scheduled to be held on November
12, 2015.
• The undersigned counsel is preparing an Appellant’s Reply Brief in Duke Realty Limited Partnership and Huffmeister Development v. Harris County
Appraisal District , No. 14-15-00543-CV, in the Fourteenth Court of Appeals, which
is expected to be due to be filed on November 16, 2015.
Counsel for Appellant seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented.
Given the other time commitments imposed on counsel, it will not be possible to
prepare the Appellant’s Brief by November 12, 2015. This request is not sought for
delay but so that justice may be done.
The undersigned has conferred with Shannon Ryman, counsel for the Appellees, and she has indicated that she does not oppose this motion.
All facts recited in this motion are within the personal knowledge of the counsel signing this motion; therefore no verification is necessary under Texas Rule
of Appellate Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this Second Unopposed Motion for Extension of Time to File Appellant’s Brief and
extend the deadline for filing the Appellant’s Brief up to and including December
14, 2015 . Appellant requests all other relief to which it may be entitled.
Respectfully submitted, /s/ Doug Sigel Texas Bar No. 18347650 Doug.Sigel@RyanLawLLP.com R YAN L AW F IRM , LLP 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Counsel for Cantu Enterprises, LLC *5 CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred with opposing counsel, Shannon Ryman, on October 22, 2015, and Ms. Ryman is
not opposed to this motion.
/s/ Doug Sigel
Doug Sigel CERTIFICATE OF SERVICE I certify that a copy of the foregoing Appellant’s Second Unopposed Motion for Extension of Time to File Appellant’s Brief was served on Appellees, through
counsel of record, Shannon Ryman, Office of the Attorney General, Financial
Litigation, Tax & Charitable Trusts Division, William P. Clements Building, 300 W.
15 th Street, 6 th Floor, MC 017, Austin, Texas 78701, Shannon.Ryman@texas
attorneygeneral.gov by electronic mail and electronic service on October 23, 2015.
/s/ Doug Sigel